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Activists notch High Court victory over expansion of Queensland coal mine
Environment 2021-02-03 9:09 pm By Cat Fredenburgh

A Queensland activist group has come up trumps in a drawn-out legal battle against New Acland Coal’s proposed expansion of a coal mine, with the High Court striking down previous lower court rulings giving it the green light.

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Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
Intellectual Property 2021-02-03 5:18 pm By Cat Fredenburgh

The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.

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Judge won’t allow new claims against Herbert Smith Freehills over Arrium Group collapse
Restructuring & Insolvency 2021-02-03 4:11 pm By Cat Fredenburgh

A judge has refused a bid to bring claims against law firm Herbert Smith Freehills in one of three lawsuits that will soon head to trial over the $4 billion collapse of steel giant Arrium Group.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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MySuper lawsuit gets one more chance before NAB pulls trigger on dismissal
Financial Services 2021-02-03 12:23 pm By Miklos Bolza

Two NAB units have indicated they will seek to dismiss a lawsuit over alleged MySuper mismanagement which the court recently ruled was not validly commenced as a class action if the lead applicant fails in his bid to replead.

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ATO won’t promise not to prosecute PwC for tax offences
Tax 2021-02-03 12:06 pm By Spencer Fowler Steen

The ATO has refused to sign an undertaking that it won’t prosecute PricewaterhouseCoopers for tax crimes if it hands over thousands of documents at the centre of a legal professional privilege fight.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Fifth PFAS contamination class action launched against federal government
Class Actions 2021-02-03 9:05 am By Christine Caulfield

The Morrison government faces a fifth class action alleging the use of toxic firefighting foam at a Defence Force base on the South Coast of New South Wales contaminated Indigenous land.

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On judge’s urging, JBS drops PwC solicitor in privilege fight with tax office
Tax 2021-02-02 9:43 pm By Christine Caulfield

Meat processor JBS Australia has appointed new legal representation in a battle with the Australian Taxation Office over the scope of privilege attached to thousands of documents produced by its tax adviser, PricewaterhouseCoopers, after a judge raised concerns about potential conflicts of interest in PwC’s representation of its client.

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CUB can’t shield info in brewing privilege fight with ATO
Tax 2021-02-02 5:11 pm By Spencer Fowler Steen

A judge has ordered Carlton United Breweries, maker of iconic Australian beers Victoria Bitter and Carlton Draught, to hand over information to the Commissioner of Taxation relating to an audit of the beer giant.

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